Section 3

Nature of Quo Warranto Proceeding under Section 3: Discretionary

The Solicitor General or public prosecutor exercises the discretion on whether or not to bring the
action for quo warranto.
Amante v. Hilado 67 Phil. 338 (1939)
In the exercise of sound discretion, the Solicitor General may suspend or turn down the institution
of an action for quo warranto where there are just and valid reasons.
Gonzales v. Chavez, G.R. No. 97351, February 4, 1992, 205 SCRA 816
Like the Attorney-General of the United States who has absolute discretion in choosing whether to
prosecute or not to prosecute or to abandon a prosecution already started, our own Solicitor
General may even dismiss, abandon, discontinue or compromise suits either with or without
stipulation with the other party. Abandonment of a case, however, does not mean that the Solicitor
General may just drop it without any legal and valid reasons, for the discretion given him is not
unlimited. Its exercise must be, not only within the parameters get by law but with the best interest
of the State as the ultimate goal.
Requirements for the Commencement of the Action
1. permission of the court in which the action is to be commenced
2. indemnity for the expenses and costs of the action in an amount approved by and to be
deposited in the court by the person at whose request and upon whose relation the same is
brought
Two types of quo warranto:
(a) Compulsory Quo Warranto
(b) Discretionary Quo Warranto
Compulsory quo warranto vs Discretionary Quo warranto
Sec 2

Sec 3

nature

Compulsory- must

Discretionary- may

grounds

a. When directed by the

president
b. Where upon complaint or
otherwise he has good reason
to believe that any case
specified under Section 1 can
be established by proof

a. At the request and upon the

relation of another person

Section 4
Procedure
Application for permission to commence action

denies the application

Court
grants the application

notice to respondent

opposition by respondent

petition is filed